Page 115 - Guide to the Most Requested Commercial Title Insurance Endorsements eBook

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ENDORSEMENT 1 2 3 1 2 3 4 5 6

Encroachments - Boundaries and Easements – Land Under Development
ALTA 28.3-06 Endorsement
ENDORSEMENT

Attached to Policy No.
Issued by
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY

1. The insurance provided by this endorsement is subject to the exclusions in Section 4 of this endorsement; and the
Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy.

2. For purposes of this endorsement only:

a. “Improvement” means a building, structure, or paved area, including any road, walkway, parking area, driveway,
or curb located on the surface of the Land or the surface of adjoining land at Date of Policy that by law constitutes
real property.

b. “Future Improvement” means any of the following to be constructed on the Land after Date of Policy in the
locations according to the Plans and that by law constitutes real property:
i. a building;
ii. a structure; or
iii. a paved area, including any road, walkway, parking area, driveway, or curb.

c. “Plans” mean the survey, site and elevation plans, or other depictions or drawings prepared by _ dated
, last revised _ , designated as consisting of _ sheets.

3. The Company insures against loss or damage sustained by the Insured by reason of:
a. An encroachment of any Improvement or Future Improvement located on the Land onto adjoining land or onto
that portion of the Land subject to an easement, unless an Exception in Schedule B of the policy identifies the
encroachment;

b. An encroachment of any Improvement located on adjoining land onto the Land at Date of Policy, unless an
exception in Schedule B of the policy identifies the encroachment;
c. Enforced removal of any Improvement or Future Improvement located on the Land as a result of an
encroachment by the Improvement or Future Improvement onto any portion of the Land subject to any
easement, in the event that the owners of the easement shall, for the purpose of exercising the right of use or
maintenance of the easement, compel removal or relocation of the encroaching Improvement or Future
Improvement; or

d. Enforced removal of any Improvement or Future Improvement located on the Land that encroaches onto adjoining
land.
4. Sections 3(c) and 3(d) of this endorsement do not insure against loss or damage (and the Company will not pay costs,
attorneys’ fees, or expenses) resulting from the following Exceptions, if any, listed in Schedule B: _

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